---
title: O.C.G.A. § 35-8-21.1. Use of retired peace and correctional officers in emergency or disaster; training; immunities; compensation; power of arrest.
collection: code
id: 35-8-21.1
cite_as: O.C.G.A. § 35-8-21.1 (2025)
canonical_url: https://georgiacommons.org/code/35-8-21.1
md_url: https://georgiacommons.org/code/35-8-21.1.md
text_url: https://georgiacommons.org/code/35-8-21.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t35-t36-ch1-59-(v27)-2025-pdf.pdf?sfvrsn=66569db4_0#page=292
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/35-8.md
previous: https://georgiacommons.org/code/35-8-21.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: LAW ENFORCEMENT OFFICERS AND AGENCIES / EMPLOYMENT AND TRAINING OF PEACE OFFICERS
---

# O.C.G.A. § 35-8-21.1. Use of retired peace and correctional officers in emergency or disaster; training; immunities; compensation; power of arrest.

(a) Any law enforcement unit in this state may supplement its workforce as necessary with qualified, retired peace officers or correctional officers when a disaster or emergency has been declared by a county sheriff, a public safety director, or the Governor or when there is a national emergency.

(b) Retired peace officers and retired correctional officers assisting law enforcement units under the provisions of this Code section shall be in compliance with the annual training and qualification standards for peace officers established under this chapter.

(c) Any retired peace officer or retired correctional officer assisting the requesting entity shall have the same immunities and powers of arrest as he or she has in his or her own jurisdiction, and the same powers of arrest as officers of the requesting entity, including sovereign immunity, official immunity, and the public duty doctrine, for the duration of the declared disaster or emergency. Such powers shall be limited to the location where the retired officer’s services are requested to be provided, for the duration of the specific event, and while acting under the direction of the requesting entity’s chief law enforcement officer or his or her designee.

(d) Any retired peace officer or correctional officer assisting a requesting entity shall be deemed an employee of the requesting entity for the duration of the declared disaster or emergency and shall be subject to the workers’ compensation, overtime, and expense reimbursement provisions provided to him or her as an employee of the requesting entity.

(e) Any compensation awarded to retirees for service under this Code section shall be paid by the requesting entity.

(f) Nothing in this Code section shall be construed to limit the powers of arrest provided to a law enforcement officer by any other law.

## History

Code 1981, § 35-8-21.1, enacted by Ga. L. 2020, p. 481, § 2/SB 341.